Proposed amendment to the R-Codes to introduce
additional multiple dwelling provisions
Frequently Asked Questions
Why do we need new provisions for multiple dwelling and mixed use
development?
The existing provisions of the R-Codes for multiple dwellings and mixed use
developments do not encourage housing diversity, affordability and flexibility.
The proposed new provisions address these issues and will help improve the
quality of multiple dwelling developments, in line with contemporary planning
needs. Specifically, they will:
• Expand the permissible range of housing within individual residential
codings to better meet the housing needs of the community;
• Facilitate the development and redevelopment of existing housing sites;
• Reduce the disincentive for smaller dwellings in favour of increased
diversity of housing within a framework of form-based design guidance;
• Improve the standard of design for multi-unit housing and encourage the
development of housing with performance standards appropriate to form;
and
• Build the capacity of local government to interpret and apply new methods
for assessment and promotion of multi-unit housing and mixed-use
development.
How will the new provisions achieve their purpose?
There is no real incentive under the existing R-Codes to implement multiple
dwellings over grouped dwellings in medium density areas coded R30-R60.
The current density requirements restrict the permissible number of dwellings
on a site and limit flexibility in the internal floor plan layout. If multiple
dwellings were to be implemented under the existing controls, the built form
outcomes would be very similar to grouped dwellings. Multiple dwellings are
also subject to plot ratio controls that do not apply to grouped dwellings, which
has led to a prevalence of the grouped dwelling form.
In the higher density codes (R80-R160), multiple dwellings have a greater
developable yield than grouped dwellings, which are limited to the R60
controls. The minimum site area specified in the existing codes was removed
as it was considered to restrict the diversity of housing stock.
The new provisions will:
• Assess multiple dwelling developments against performance criteria with
flexibility to respond to site and local conditions;
• Ensure that higher density development is consistent with the existing or
desired built form of an area (as per local government authority planning
policy developed through consultation with the community);
• Create a suite of new codes to address development requirements in
activity centres and mixed use zones; and
• Allow for smaller individual unit sizes and to permit a greater range of
dwelling types to respond to changing household sizes.
What is the difference between a grouped dwelling and a multiple
dwelling?
A grouped dwelling is defined as “A dwelling that is one of a group of two or
more dwellings on the same lot such that no dwelling is placed wholly or partly
vertically above the other, except where special conditions of landscape or
topography dictate otherwise, and includes a dwelling on a survey strata with
common property.” A multiple dwelling is defined as “A dwelling in a group of
more than one dwelling on a lot where any part of a dwelling is vertically
above part of any other but:
• Does not include a grouped dwelling: and
• Includes any dwellings above the ground floor in a mixed use
development”
Generally speaking varieties of the grouped dwelling type are commonly
referred to as a duplex’s villas or townhouses while multiple dwellings are
often called flats, apartments or units.
Where will the new R-Codes apply?
The new provisions will apply to areas with a density code of R30 or greater
under a local planning scheme and to the residential component of mixed use
developments and activity centres. For example, approximately 15% of lots
with an R-Coding in the Perth and Peel regions will be subject to the new
provisions.
What are the main changes to the R-codes?
The main changes to the R-Codes through the amendment will be:
• Greater emphasis on the use of the performance criteria for this type of
development;
• Removal of the minimum site area per dwelling for multiple dwellings in
areas coded above R30;
• Use of plot ratio, setbacks and building height to guide the form of the
development;
• Creation of a new suite of residential activity centre (R-AC) codings for
residential development within activity centres – there is currently only
one code provided;
• The addition of a new table to guide the development requirements of
multiple dwellings;
• New parking requirements acknowledge different on-site parking
demands dependent on the size of the individual units and the
proximity of public transport;
• New provisions for bicycle storage facilities proposed;
• To encourage diversity and affordability within developments over 12
units, a percentage of one and two bedroom units will be required;
• Removal of the minimum communal open space requirements for all
codings over R30; and
• Removal of the minimum frontage requirement in R30 coded areas.
How do the new provisions work?
The new provisions:
• Focus on intent and quality of design rather than prescriptive
regulation;
• Allow flexibility in site responsive design;
• Promote the use of the Performance Criteria, guided by new
explanatory guidelines; and
•
Provide acceptable development criteria to provide one way of meeting
the associated performance criteria.
How will the new provisions affect me and my property?
The new provisions will only apply to areas with a density code of R30 or
greater under a local planning scheme and to the residential component of
mixed use developments and activity centres.
The performance criteria under the new provisions require any new
development to demonstrate that it is in keeping with existing or future desired
character of an area.
Do the new provisions relate to Development Applications only?
Yes. The minimum site area controls and subsequent subdivision controls
have been removed. The minimum site area requirements were considered to
create a significant disincentive to multiple dwelling developments by limiting
the number of dwellings permitted within a development.
As multiple dwelling developments are typically subdivided by built strata
applications, the imperative to provide a subdivision control on this form of
development by creating minimum site area requirements, was not
considered necessary.
How and when will the new provisions take effect?
The R-Codes are read into most local planning schemes and the new
provisions will take effect across Western Australia as soon as the
amendment is gazetted on 22 November 2010.
What happens if I have already lodged an application for a multiple
dwelling development?
The amended provisions will apply to all development applications determined
on or after 22 November 2010, regardless of when they were lodged.
What effect do the new provisions have on an existing development
approval for a multiple dwelling proposal?
None. An existing development approval remains valid, subject to its terms
and conditions (which will include an expiry date). Minor variations can be
considered under the existing approval, however, if the revised plan is a
‘substantial variation’ then the proposed changes should be subject to a new
application and would be assessed against the provisions of the relevant local
planning scheme and the R Codes as they stand at the date of making a new
decision. For information about whether your revised plans comprise a
‘substantial variation’, you will need to contact the relevant local government.
How are applications assessed using the new provisions?
The new Explanatory Guidelines explain the rationale of the performance
criteria for multiple dwelling developments. They provide information on the
reasons for the performance criteria and examples of good design outcomes.
Residential development applications are usually assessed by the relevant
local government authority and administration procedures may vary between
councils.
What are the performance criteria for?
The various performance criteria allow for building design flexibility and
describe the typical characteristics of a good development but they do not
determine specific ways to achieve it.
For example, the performance criteria “Buildings designed to provide for
surveillance between dwellings and the street”, does not prescribe ways to
achieve surveillance of a street, as this would vary with the location of a
building and its relationship to the street.
What is Acceptable Development?
Acceptable Development provides one way in which the Performance Criteria
may be satisfied. Other innovative approaches and design solutions may also
be used if they can meet the performance criteria.
What is a R-AC code?
The R-AC codes are residential density codes that allow for a variety of
residential development within activity centres. They are included in the new
provisions to control the number and type of dwellings that are developed
within mixed use activity centres.
The R-AC code will only be applied through an approved scheme amendment
process. Any development within an R-AC zone will be controlled by Activity
Centre Plans prepared by the responsible local government authority in
consultation with the community.
How will the new provisions guide multiple dwellings within a R-AC
Code?
It is not proposed to provide any acceptable development criteria for a R-AC
Code development due to the inherent diversity in mixed use development.
Instead, it is intended that any mixed use development application will be
assessed on merit against the performance criteria. The explanatory
guidelines have been prepared to assist with these assessments.
How were the new provisions prepared?
The Department of Planning, on behalf of the Western Australian Planning
Commission drafted the proposed new Multi Unit Housing Code provisions.
These were then used as the basis for a rigorous consultation process with
key users of the existing R-Codes, including local government and the
development industry.
Specific issues with the current application of the R-Codes for multi unit
development were identified and separate performance-based criteria for the
assessment of multiple dwellings were developed.
The Multi Unit Housing Code discussion paper and the new Explanatory
Guidelines for inclusion into the R-Codes were released for public comment in
November 2009. Comments were used to refine the proposed new provisions,
which have since been endorsed by the Western Australian Planning
Commission.
The Minister for Planning, the Governor and the Executive Council of WA
have granted approval for the proposed amendment to the R-Codes.
The amendment to the R-Codes will be gazetted on 22 November 2010 and
the new multiple dwelling provisions will take effect from that date.